Riogold Holdings Pty Ltd T/A Frontline Interiors

[2022] FWCA 3654

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Riogold Holdings Pty Ltd T/A Frontline Interiors

(AG2022/4191)

Frontline Interiors Enterprise Agreement 2022

Timber and paper products industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 20 OCTOBER 2022

Application for approval of the Frontline Interiors Enterprise Agreement 2022

An application has been made for approval of an enterprise agreement known as the Frontline Interiors Enterprise Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Riogold Holdings Pty Ltd T/A Frontline Interiors. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2022. The nominal expiry date of the Agreement is 19 October 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Riogold Holdings Pty Ltd, trading as Frontline Interiors, applied for approval of the Frontline Interiors Enterprise Agreement 2022. The application was made by the employer, and the dispute involved the terms and conditions of employment for the employees covered by the proposed agreement. The Fair Work Commission was tasked with assessing whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net award, and whether it contained the minimum terms and conditions required by law. Additionally, the Commission needed to determine if the agreement was appropriately certified and if it had been genuinely negotiated between the employer and the employees' representatives.

The Commission examined the application and the agreement, considering the statutory requirements for enterprise agreements. It assessed whether the proposed agreement met the standards set by the Fair Work Act, particularly focusing on the minimum terms and conditions, procedural fairness in the negotiation process, and the genuineness of the agreement. After thorough consideration, the Commission found that the agreement complied with the legislative requirements and was appropriately certified. The Commission approved the Frontline Interiors Enterprise Agreement 2022, acknowledging the parties' adherence to the legislative framework and the fairness of the negotiated terms.

As a result of the Commission's decision, the Frontline Interiors Enterprise Agreement 2022 was approved and will govern the employment conditions of the employees involved, effective from the date of the decision. The Commission's approval signifies that the agreement meets all necessary legal standards and has been fairly negotiated, ensuring that the employees' rights and entitlements are protected under the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established